What is the test for overturning a judgment or verdict based upon evidence inherently improbable?

California, United States of America


The following excerpt is from Estate of Langman v. Greene, H038800 (Cal. App. 2014):

" ' "Although an appellate court will not uphold a judgment or verdict based upon evidence inherently improbable, testimony which merely discloses unusual circumstances does not come within that category. [Citation.] To warrant the rejection of the statements given by a witness who has been believed by a trial court, there must exist either a physical impossibility that they are true, or their falsity must be apparent without resorting to inferences or deductions. [Citations.] Conflicts and even testimony which is subject to justifiable suspicion do not justify the reversal of a judgment, for it is the exclusive province of the trial judge or jury to determine the credibility of a witness and the truth or falsity of the facts upon which a determination depends." ' [Citation.]" (People v. Maciel (2013.)

Page 36

Other Questions


What is the test for overturning a judgment or verdict based upon evidence that merely discloses unusual circumstances? (California, United States of America)
What is the test for overturning a judgment or verdict based upon evidence that merely discloses unusual circumstances? (California, United States of America)
Does a valid paternity judgment bar the use of blood test evidence in a subsequent proceeding to overturn a paternity judgment? (California, United States of America)
What is the test for reversing a judgment or verdict based on "the erroneous admission of evidence"? (California, United States of America)
Can a judge overturn a finding that the evidence supports a judgment the trier of fact could have reasonably deduced from the evidence? (California, United States of America)
What is the test for impeaching a judgment or verdict based upon evidence that merely discloses unusual circumstances? (California, United States of America)
What is the legal test for overturning a conviction for assault where the evidence is based primarily on circumstantial evidence? (California, United States of America)
What is the test for overturning a death penalty judgment based solely on circumstantial evidence? (California, United States of America)
Can a judge reverse a judgment or verdict based on erroneous admission of evidence? (California, United States of America)
What is the test for overturning a jury's verdict in a criminal case based on insufficient evidence? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.